Leaving During Probation? The 14-Day Resignation Rule Expats are Forgetting – Don’t Get a Labor Ban Today
It’s great to get a new professional chapter started, but sometimes a job doesn’t turn out as you had hoped. It is hard to leave early and if you don’t do it the right way, it can negatively affect your future in the legal field. The word probation is often misapplied as though it meant you would be free to pack-up your desk and leave the office that same day.
The new federal decrees are bringing harsh consequences for unwitting expatriates. If you do not meet the strict legal criteria for submission of the proper documentation in the exact timely manner that it is required, you can incur an automatic one-year administrative ban on your profile.
Navigating UAE employment contract termination smoothly
The legislation of the relationship between employer and employee was modernized on a grand scale recently. This particular aspect of this update focuses on the UAE employment contract termination during the trial period. The maximum duration of the trial is six months, according to the Ministry of Human Resources and Emiratisation (MoHRE). You can also resign during this time period, but there are certain notification procedures to ensure you maintain your status.
The UAE employment contract termination laws state that you must give your employer at least 14 days’ notice in writing when you are resigning to be able to leave the country. This is a two-week period which is a mandatory legal requirement to provide the company with sufficient time to cancel your work permit and clear any outstanding final dues. Failure to do so is basically the same as an absconding worker.
Understanding MoHRE notice period regulations
If you are intending to remain in the country and change companies, the rules change completely. Employees changing from one local sponsor to another while in the trial period will need to submit a complete 30-day notice in writing.
In addition, these MoHRE notice period regulations state that your new company is legally responsible to pay your old company for the cost of your initial recruitment and visa costs, unless a mutually agreed exception is made. For specific legal details of these provisions, you can easily go through the comprehensive portal of theUAE Government.
Compliance with workforce mobility guidelines
While the government actively promotes the recruitment of talent, it has regulations governing workforce mobility to safeguard the financial investments of local business enterprises. Not complying with the minimum terms of service is a direct breach of these codes. A one year work block (which means no work permits across all emirates) will automatically follow if the workforce mobility guidelines are ignored.
In the event of a disagreement over exiting, the Abu Dhabi Judicial Department (ADJD) and the wider labor court system have facilitated digital platforms for resolving the disagreement. But there is little doubt, however, that the courts favor documented proof. Always do it through the official company email so that there is a verifiable time stamp on your resignation.
Visa Grace Periods Post-Cancellation
After legal documentation is completed and your sponsor officially withdraws your file, you have a grace period to either find a new sponsor or leave the country. These grace periods are administered by the Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP) and are usually 30-180 days, depending on the skill classification and residency level. Enacting the proper protocol for departure will make your file clean for the next chance.
FAQs
Q1: Can my employer deduct my visa costs from my final salary if I resign during probation?
No, since under Federal law employers are NOT allowed to withhold visa, medical or recruitment fees from an employee’s salary. This is the legal obligation of the company’s finances.
Q2: What happens if I just stop showing up to the office?
A: Your employer may report you as an absconding worker if you are absent for 7 days in a row without good cause. This results in instant cancellation, a permanent ban and deportation.
Q3: Does the 14-day rule apply if I am moving to a different company inside the country?
A: No. The length of the warning period increases to 30 days when a person changes their job during their trial period with the new employer.
Q4: Can the company fire me during probation without any warning?
No, just as you must give notice, the employer must also provide you a notice of 14 days in writing, if they decide to end your services during this initial phase.
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